Glidden v. Child
Massachusetts Supreme Judicial Court
Contract against Linus M. Child and H. B. Crandall, on an account annexed, for a quantity of bricks sold to the defendants. Trial in the Superior Court, without a jury, before Bacon, J., who found for the plaintiff.
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Contract against Linus M. Child and H. B. Crandall, on an account annexed, for a quantity of bricks sold to the defendants. Trial in the Superior Court, without a jury, before Bacon, J., who found for the plaintiff. The defendants tendered a bill of exceptions in substance as follows : It appeared at the trial that one Silva went to the plaintiff to purchase some bricks to build two houses ; that the prices and conditions were stated and agreed on, but that the plaintiff refused to trust Silva, as he did not consider him good, but required some guaranty for the payment; that afterwards, on…
1Opinion of the CourtGray, C. J.
The first exception cannot be sustained. The written agreement of the defendants was an original, and not a collateral promise; and the plaintiff, upon substantially performing the agreement on his part, with variations assented to by the defendants, might maintain this action on an account annexed.
The rest of the bill of exceptions was rightly disallowed by the presiding judge as not conformable to the truth. The report of the commissioner shows that, upon the question of waiver or variation of the terms of the written agreement, material evidence of the action of the inspector of buildings,…
2Cases cited2 opinions
- Cullen v. SearsMassachusetts Supreme Judicial Court · 1873
- Arvilla v. SpauldingMassachusetts Supreme Judicial Court · 1877
3Cited by3 opinions
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Moneyweight Scale Co.Massachusetts Supreme Judicial Court · 1917
- Briggs v. De PeifferMassachusetts Supreme Judicial Court · 1913